[Federal Register Volume 67, Number 187 (Thursday, September 26, 2002)]
[Rules and Regulations]
[Pages 60519-60520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24423]



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  Federal Register / Vol. 67, No. 187 / Thursday, September 26, 2002 / 
Rules and Regulations  

[[Page 60519]]



DEPARTMENT *COM020*OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 331

9 CFR Part 121

[Docket No. 02-082-2]
RIN 0579-AB47


Agricultural Bioterrorism Protection Act of 2002; Listing of 
Biological Agents and Toxins and Requirements and Procedures for 
Notification of Possession; Technical Amendment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule; technical amendment.

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SUMMARY: In an interim rule published in the Federal Register and 
effective on August 12, 2002, we established regulations that listed 
biological agents and toxins determined to have the potential to pose a 
severe threat to animal or plant health, or to animal or plant 
products, and that required all persons in possession of any listed 
biological agent or toxin to notify the Secretary of such possession. 
The definitions provided in those regulations for the terms `biological 
agent'' and ``toxin'' did not reflect the amendments made by the Public 
Health Security and Bioterrorism Preparedness and Response Act of 2002 
to the definitions of those terms in section 178 of title 18, United 
States Code. Therefore, we are amending the regulations so that the 
definitions will be consistent.

EFFECTIVE DATE: August 12, 2002.

FOR FURTHER INFORMATION CONTACT: For information concerning the 
regulations in 7 CFR part 331, contact Dr. Arnold T. Tschanz, Senior 
Staff Officer, Regulatory Coordination, Plant Health Programs, PPQ, 
APHIS, 4700 River Road Unit 141, Riverdale, MD 20737-1236, (301) 734-
8790.
    For information concerning the regulations in 9 CFR part 121, 
contact Dr. Denise Spencer, Senior Staff Veterinarian, Technical Trade 
Services, National Center for Import and Export, VS, APHIS, 4700 River 
Road Unit 40, Riverdale, MD 20737-1231, (301) 734-3277.

SUPPLEMENTARY INFORMATION:

Background

    In an interim rule published in the Federal Register and effective 
on August 12, 2002 (67 FR 52383-52389, Docket No. 02-082-1), we 
established regulations in 7 CFR part 331 and 9 CFR part 121 that 
listed biological agents and toxins determined to have the potential to 
pose a severe threat to animal or plant health, or to animal or plant 
products, and that required all persons in possession of any listed 
biological agent or toxin to notify the Secretary of such possession. 
The interim rule was published in accordance with the requirements of 
section 212 of subtitle B (Department of Agriculture), title II 
(Enhancing Controls on Dangerous Biological Agents and Toxins), of the 
Public Health Security and Bioterrorism Preparedness and Response Act 
of 2002 (Public Law 107-188).
    In subtitle B, section 212(l) provides that ``[t]he terms 
'biological agent' and `toxin' have the meanings given such terms in 
section 178 of title 18, United States Code.'' Thus, we referred to 18 
U.S.C. 178 when preparing the definitions for those terms we included 
in the ``Definitions'' sections of both 7 CFR part 331 and 9 CFR part 
121 (Sec. Sec.  331.1 and 121.1, respectively).
    We failed to note, however, that elsewhere in title II of Public 
Law 107-188 (section 231 of subtitle D, ``Criminal Penalties Regarding 
Certain Biological Agents and Toxins,'' specifically), the definitions 
of ``biological agent'' and ``toxin'' in 18 U.S.C. 178 had been 
amended. Therefore, in this document, we are amending 7 CFR 331.1 and 9 
CFR 121.1 as established by our August 12, 2002, interim rule so that 
the definitions provided in those sections for the terms ``biological 
agent'' and ``toxin'' are consistent with the definitions for those 
terms in 18 U.S.C. 178, as amended by Public Law 107-188.

List of Subjects

7 CFR Part 331

    Agricultural research, Laboratories, Plant diseases and pests, 
Reporting and recordkeeping requirements.

9 CFR Part 121

    Agricultural research, Animal diseases, Laboratories, Medical 
research, Reporting and recordkeeping requirements.

    Accordingly, we are amending 7 CFR part 331 and 9 CFR part 121 as 
follows:

PART 331--POSSESSION OF BIOLOGICAL AGENTS AND TOXINS

    1. The authority citation for part 331 continues to read as 
follows:

    Authority: Secs. 211-213, Title II, Pub. L. 107-188, 116 Stat. 
647 (7 U.S.C. 8401).

    2. In Sec.  331.1, the definitions for biological agent and toxin 
are revised to read as follows:


Sec.  331.1  Definitions.

    Biological agent. Any microorganism (including, but not limited to, 
bacteria, viruses, fungi, rickettsiae, or protozoa), or infectious 
substance, or any naturally occurring, bioengineered, or synthesized 
component of any such microorganism or infectious substance, capable of 
causing:
    (1) Death, disease, or other biological malfunction in a human, an 
animal, a plant, or another living organism;
    (2) Deterioration of food, water, equipment, supplies, or material 
of any kind; or
    (3) Deleterious alteration of the environment.
* * * * *
    Toxin. The toxic material or product of plants, animals, 
microorganisms (including, but not limited to, bacteria, viruses, 
fungi, rickettsiae, or protozoa), or infectious substances, or a 
recombinant or synthesized molecule, whatever their origin and method 
of production, and includes:
    (1) Any poisonous substance or biological product that may be 
engineered as a result of biotechnology produced by a living organism; 
or
    (2) Any poisonous isomer or biological product, homolog, or 
derivative of such a substance.

[[Page 60520]]

PART 121--POSSESSION OF BIOLOGICAL AGENTS AND TOXINS

    3. The authority citation for part 121 continues to read as 
follows:

    Authority: Secs. 211-213, Title II, Pub. L. 107-188, 116 Stat. 
647 (7 U.S.C. 8401).

    4. In Sec.  121.1, the definitions for biological agent and toxin 
are revised to read as follows:


Sec.  121.1  Definitions.

    Biological agent. Any microorganism (including, but not limited to, 
bacteria, viruses, fungi, rickettsiae, or protozoa), or infectious 
substance, or any naturally occurring, bioengineered, or synthesized 
component of any such microorganism or infectious substance, capable of 
causing:
    (1) Death, disease, or other biological malfunction in a human, an 
animal, a plant, or another living organism;
    (2) Deterioration of food, water, equipment, supplies, or material 
of any kind; or
    (3) Deleterious alteration of the environment.
* * * * *
    Toxin. The toxic material or product of plants, animals, 
microorganisms (including, but not limited to, bacteria, viruses, 
fungi, rickettsiae, or protozoa), or infectious substances, or a 
recombinant or synthesized molecule, whatever their origin and method 
of production, and includes:
    (1) Any poisonous substance or biological product that may be 
engineered as a result of biotechnology produced by a living organism; 
or
    (2) Any poisonous isomer or biological product, homolog, or 
derivative of such a substance.

    Done in Washington, DC, this 20th day of September, 2002.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-24423 Filed 9-25-02; 8:45 am]
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